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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence Nos. 1, 2, and 16, Eul evidence Nos. 4, 7, 8, 9, and 12, and the purport of the whole pleadings);
A. 1) “The Committee for Promotion of the Regional Housing Association” refers to an organization in which owners of the above land form the purpose of establishing a regional housing association under the Housing Act in order to develop a lot of land, such as Ulsan-gu, Ulsan-gu, the general residential area D, and to promote the new construction of a multi-family housing (multi-family housing). After that, the said committee held an inaugural general meeting for the establishment of a regional housing association on November 24, 2014, and on April 3, 2015, established the “E Regional Housing Association” with the authorization of establishment from the competent authority (hereinafter the said committee and the said association are referred to as “the instant association” only in the absence of special distinction between the promotion committee and the said association (hereinafter referred to as “instant association”).
(2) The Plaintiff, a corporation operating a housing construction project, etc., was delegated with the authority to sell multi-family housing units by the local housing association and performed the service project on behalf of the Plaintiff, etc., and was also delegated by the instant association with the said business affairs.
3) On March 17, 2005, the Defendant is the owner who completed the registration of ownership transfer with respect to the instant land. On the other hand, around May 2014, the instant association concluded a sales agency contract with the Plaintiff, i.e., the Plaintiff, as an agent, with respect to the business of promoting the construction of the said multi-family housing, and the business of selling the said multi-family housing, etc., as an agent, the Plaintiff entered into a sales agency contract with the contents that delegate each necessary authority to the Plaintiff as a sales agent.
B. On June 18, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land at KRW 500,000,000 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).
However, the above sales contract is a sales contract.